Monthly Archives: December 2014

Accountability for Building Code Violations in Florida

Section 553.781, Florida Statutes, provides a measure to require the design professionals and contractors to comply with the Building Code. The Legislature found that accountability for work performed by design professionals and contractors is the key to strong and consistent … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Acceleration of Debt in Mortgage Foreclosures: Beware of the Statute of Limitations

By: James O. Birr, III

Mortgage foreclosures in Florida took an interesting twist in December 2014, due to the recent decision in Deutsche Bank Trust Company, et al. v. Beauvais, et al. This decision effects the time period for bringing foreclosure claims in the event of acceleration and a prior dismissal of a foreclosure lawsuit. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , ,

Sole Proprietorships, Corporations and LLC’s: Choosing the Entity Form that is Right for You

By: Brandon C. Meadows, Esq.
Florida entrepreneurs and businesses must make a decision to form the most appropriate business entity to suit their needs. Whether you are in the early stages of a start-up company, or whether you are a growing business in need of new corporate structure, there are many different considerations that will aid you in selecting the entity form that is right for your business. This article addresses several key considerations and distinctions between sole proprietorships, corporations and limited liability companies. Among those key considerations discussed are ownership requirements, equity allocation, formation and filing fees, governing documents, tax implications, liability, managerial authority, fiduciary duties, raising capital and sharing profits. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Avoiding Successor Liability When Purchasing A Business

By Hans C. Wahl, Esq.

When purchasing a business, prospective buyers must take extreme care to ensure they are not also assuming the liabilities of that business. Florida follows the traditional corporate law rule which generally does not impose the liabilities of a predecessor business on a successor business. However, that rule is not absolute and exceptions exist that may result in a purchaser becoming responsible for the debts of the business being acquired. This Blog post will discuss the exceptions to the general rule and provide guidance on avoiding successor liability when purchasing a business. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,